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Reuters • Tuesday May 7, 2013 12:07 PM

The National Labor Relations Board violated the law when it required U.S. businesses to put
notices in their workplaces and on their websites informing employees of their right to unionize, a
federal appeals court ruled today.

A unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia
Circuit struck down the rule, finding that federal law prohibits the labor board from punishing a
business for speech, or lack of it, as long as the business does not issue threats.

Freedom of speech “necessarily protects … the right of employers (and unions) not to speak,”
Judge Raymond Randolph wrote for the appeals court.

In mandating the notices in 2011, a majority of the labor board appointed by President Barack
Obama said that employees cannot fully exercise their rights unless they know what their rights
are.